No MCI Increase for Architect Fees Associated with Roof Installation

LVT Number: #25585

Landlord applied for MCI rent hikes based on the installation of a cooling tower, as well as terrace and roof replacement. The DRA ruled for landlord but disallowed the cost of a consulting architect hired by landlord. Landlord appealed and lost. The MCI consisted of replacing the main roof and terrace roofs along with a new roof drain, parapet coping, and flashing. This work was a relatively commonplace installation for which landlord was presumed to have sufficient knowledge to select a contractor and equipment with sufficient capability to ensure a quality installation.

Landlord applied for MCI rent hikes based on the installation of a cooling tower, as well as terrace and roof replacement. The DRA ruled for landlord but disallowed the cost of a consulting architect hired by landlord. Landlord appealed and lost. The MCI consisted of replacing the main roof and terrace roofs along with a new roof drain, parapet coping, and flashing. This work was a relatively commonplace installation for which landlord was presumed to have sufficient knowledge to select a contractor and equipment with sufficient capability to ensure a quality installation. There was no proof that the work was complex enough to require an architect's services. The sworn statement of landlord's architect merely stated that it was customary to hire an architect for this type of project.

405 East 56th Street: DHCR Adm. Rev. Docket No. BO410002RP (4/11/14) [2-pg. doc.]

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